England and Wales Case Law

Chief Constable of Derbyshire Constabulary (R, on the application of) v Police Misconduct Panel

The Panel's findings on the content and effect of the telephone calls were adequately reasoned and within the range of reasonable decisions, but its decision to impose a final written warning rather than dismissal was inadequately explained and inconsistent with its own findings regarding the failure to follow a superior officer's advice and the seriousness of the harm, thus requiring the outcome decision to be quashed and remitted for reconsideration.

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• Judicial review of disciplinary decisions
• Police misconduct
• Adequacy of reasons
• Sanctions in professional misconduct
• Standard of proof in disciplinary proceedings

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Commissioner of Police of the Metropolis, R (On the Application Of) v Police Misconduct Panel

Commissioner of Police of the Metropolis, R (On the Application Of) v Police Misconduct Panel [2025] EWHC 93 (Admin) (21 January 2025)

The High Court quashed a police misconduct panel’s sanction decision, holding that it wrongly treated personal mitigation and cultural context as reducing gross misconduct.

• Judicial review of disciplinary decisions
• Police misconduct
• Sanctions in police disciplinary proceedings
• Application of statutory guidance
• Mitigation and aggravation in misconduct
• Public law grounds for review

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Commissioner of the Police of the Metropolis, R (On the Application Of) v Police Appeals Tribunal

Commissioner of the Police of the Metropolis, R (On the Application Of) v Police Appeals Tribunal [2024] EWHC 2348 (Admin) (13 September 2024)

The High Court quashed a Police Appeals Tribunal decision remitting a police misconduct case, holding the tribunal erred in law on disability, performance, and procedural fairness.

• Judicial review of disciplinary decisions
• Police misconduct and gross misconduct
• Disability discrimination under equality act 2010
• Procedural fairness in disciplinary proceedings
• Performance vs conduct distinction in employment discipline
• Judicial-review

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Chief Constable of Thames Valley Police v Police Misconduct Panel

Chief Constable of Thames Valley Police v Police Misconduct Panel [2023] EWHC 2693 (KB) (27 October 2023)

Judicial review of a police misconduct panel decision. The High Court upheld the findings of gross misconduct but quashed the sanction and remitted the case.

• Judicial review of disciplinary decisions
• Police misconduct
• Gross misconduct
• Sanctions in disciplinary proceedings
• Public confidence in policing
• Standards of professional behaviour

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David Humpherson, R (on the application of) v The Police Appeals Tribunal

The High Court dismissed a judicial review challenge to the Police Appeals Tribunal’s decision upholding a West Midlands officer’s dismissal for gross misconduct.

• Judicial review of disciplinary decisions
• Police misconduct
• Standards of professional behaviour
• Gross misconduct
• Sanctions and dismissal
• Judicial-review

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Wheeler, R (On the Application Of) v Police Appeals Tribunal

Wheeler, R (On the Application Of) v Police Appeals Tribunal [2022] EWHC 117 (Admin) (21 January 2022)

Judicial review of a police misconduct appeal was dismissed. The court held that a forceful sanction submission and same-force panel member did not create apparent bias.

• Judicial review of disciplinary decisions
• Apparent bias
• Police misconduct
• Gross misconduct
• Article 6 echr
• Procedural fairness

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Nottinghamshire Police, R (On the Application Of) v Police Appeals Tribunal

Nottinghamshire Police, R (On the Application Of) v Police Appeals Tribunal [2021] EWHC 1248 (Admin) (12 May 2021)

Judicial review of a Police Appeals Tribunal decision in a police misconduct case. The High Court upheld most of the PAT’s reasoning but quashed its sanction decision.

• Judicial review of disciplinary decisions
• Police misconduct
• Standards of professional behaviour
• Sanctions for gross misconduct
• Distinction between honesty and integrity
• Police-misconduct

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Chief Constable West Midlands Police, R (on the application of) v Panel Chair, Police Misconduct Panel & Anor

Judicial review of a police misconduct sanction was allowed. The High Court quashed a final written warning for racist conduct and remitted sanction to a new panel.

• Judicial review of disciplinary decisions
• Police misconduct
• Discrimination
• Procedural fairness
• Sanctions in professional discipline
• Judicial-review

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British Transport Police v Police Appeals Tribunal

British Transport Police v Police Appeals Tribunal [2019] EWHC 73 (Admin) (24 January 2019)

Judicial review of a Police Appeals Tribunal decision substituting a final written warning for dismissal. The High Court quashed the tribunal’s decision and remitted the sanction issue.

• Judicial review of disciplinary decisions
• Police misconduct
• Use of force by police
• Sanctions in police disciplinary proceedings
• Judicial-review
• Police-misconduct

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O'Connor, R (on the application of) v The Police Appeals Tribunal & Anor

Judicial review of a Police Appeals Tribunal sift decision was dismissed. The court held the fresh evidence was not material enough to require an oral hearing.

• Judicial review of disciplinary decisions
• Police misconduct procedures
• Disclosure obligations
• Admissibility of fresh evidence
• Procedural fairness
• Judicial-review

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